BILL NUMBER: AB 749	CHAPTERED  10/10/99

	CHAPTER   787
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Members Wesson and Thompson

                        FEBRUARY 24, 1999

   An act to amend Sections 25354, 25612.5, 25658, 25658.5, 25661,
and 25662 of the Business and Professions Code, and to amend Section
11474 of the Health and Safety Code, relating to alcoholic beverage
control.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 749, Wesson.  Alcoholic beverage control:  minors:  penalties:
controlled substances:  destruction.
   (1) The Alcoholic Beverage Control Act makes it a misdemeanor for
any person under the age of 21 years to purchase any alcoholic
beverage or consume any alcoholic beverage in any on-sale premises.
Existing law provides that any person who violates that provision
shall be punished by a fine of $250, or not less than 24 hours or
more than 32 hours of community service, or a combination thereof as
determined by the court.
   This bill would provide that a 2nd or subsequent violation would
be punishable by a fine of not more than $500 or community service,
as specified, or a combination of fine and community service as
determined by the court.
   (2) The Alcoholic Beverage Control Act provides that any person
under the age of 21 years who attempts to purchase any alcoholic
beverage from a licensee, or the licensee's agent or employee, is
guilty of an infraction.  The act further provides, with respect to
this infraction, that a first violation is punishable by a fine of
not more than $100 and for subsequent violations, a fine of $250 or
community service.
   This bill would increase the penalty for a first violation by
requiring as an alternative or in combination with the fine between
24 and 32 hours of community service, as determined by the court.
This bill would also revise the community service alternative for
subsequent violations.
   (3) The Alcoholic Beverage Control Act provides that any person
under the age of 21 years who presents to a licensee any false
identification for the purpose of ordering or purchasing or
attempting to order or purchase alcoholic beverages is guilty of a
misdemeanor, and subject to a fine of at least $250, or specified
community service, or both.
   This bill would provide that a 2nd or subsequent violation would
be punishable by a fine of not more than $500 or community service,
as specified, or a combination of fine and community service, as the
court deems just.
   (4) The Alcoholic Beverage Control Act makes it a misdemeanor for
a person under the age of 21 years to have in his or her possession
any alcoholic beverage on any street or highway or in any public
place or place open to the public.
   This bill would make a first violation of that provision
punishable by a fine of at least $250 or between 24 and 32 hours of
community service.  The bill would make a 2nd or subsequent violation
a misdemeanor punishable by a fine of not more than $500, 36 to 48
hours of community service, and would provide that any grant of
probation shall include the fine and not less than 50 hours of
community service.
   (5) Existing law provides that alcoholic beverages, when seized
for forfeiture as specified, may be disposed of by the Department of
Alcoholic Beverage Control, as specified.
   This bill would provide that controlled substances, instruments,
or paraphernalia seized by the department may only be disposed of
pursuant to a court order for destruction.
   (6) Existing law provides that a court order for the destruction
of controlled substances, instruments, or paraphernalia, as
specified, may be carried out by a police or sheriff's department,
the Department of Justice, or the Department of the California
Highway Patrol.
   This bill would provide that, in addition, a court order for the
destruction of controlled substances, instruments, or paraphernalia,
as specified, may be carried out by the Department of Alcoholic
Beverage Control.
   (7) This bill would impose a state-mandated local program by
changing the penalties for these crimes.
   (8) The Alcoholic Beverage Control Act prohibits the sale of
alcoholic beverages to, or the purchase of alcoholic beverages by,
persons under the age of 21 years, and imposes penalties in that
regard, but permits minors to be used as decoys in the enforcement of
these provisions.  Existing law requires that, after the completion
of each minor decoy program, the law enforcement agency using the
decoy shall notify licensees of the results of the program.
   This bill would require the notification to be given to the
licensees within 72 hours.
   (9) Existing law establishes certain general operating standards
that are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which is
punishable as a misdemeanor.
   This bill would impose a state-mandated local program by requiring
these retail licensees who sell or rent video recordings to arrange
them in a specified manner, a violation of which would be an
infraction.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25354 of the Business and Professions Code is
amended to read:
   25354.  Alcoholic beverages manufactured or produced in this state
by any person other than a licensed manufacturer or winegrower, when
seized for forfeiture under this division, may be disposed of by the
department, its officers, or employees by summary destruction.
Controlled substances, instruments, or paraphernalia seized by the
department may only be disposed of pursuant to a court order for
destruction.
  SEC. 2.  Section 25612.5 of the Business and Professions Code is
amended to read:
   25612.5.  (a) This section shall apply to licensees other than a
retail on-sale licensee or on-sale beer and wine licensee who is
licensed and operates as a bona fide public eating place, as defined
in Section 23038, 23038.1, or 23038.2, or as a hotel, motel, or
similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a winegrowers license; a licensed beer
manufacturer, as defined in Section 23357; a retail licensee who
concurrently holds an off-sale retail beer and wine license and a
beer manufacturer's license for those same or contiguous premises;
and a retail on-sale licensee or on-sale beer and wine licensee who
is licensed and operates as a bona fide public eating place, as
defined in Section 23038, 23038.1, or 23038.2, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16, a licensed beer manufacturer, as defined in Section
23357, or a winegrowers license, who sells off-sale beer and wine
under the on-sale license on those same or contiguous premises.
   (b) The Legislature finds and declares that it is in the interest
of the public health, safety, and welfare to adopt operating
standards as set forth in this section for specified retail premises
licensed by the department.  The standards set forth in this section
are state standards that do not preclude the adoption and
implementation of more stringent local regulations that are otherwise
authorized by law.
   (c) Other than as provided in subdivision (a), each retail
licensee shall comply with all of the following:
   (1) A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place
that is clearly visible to patrons of the licensee.  The size,
format, form, placement, and languages of the sign or signs shall be
determined by the department.  This paragraph shall apply to a
licensee only upon written notice to the licensee from the
department.  The department shall issue this written notice only upon
a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is loitering adjacent to the
premises.
   (2) A prominent, permanent sign or signs stating "NO OPEN
ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" shall be
posted in a place that is clearly visible to patrons of the
licensee.  The size, format, form, placement, and languages of the
sign or signs shall be determined by the department.  This paragraph
shall apply to a licensee only upon written notice to the licensee
from the department.  The department shall issue this written notice
only upon a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is drinking in public adjacent to the
premises.
   (3) No alcoholic beverages shall be consumed on the premises of an
off-sale retail establishment, and no alcoholic beverages shall be
consumed outside the edifice of an on-sale retail establishment.
   (4) The exterior of the premises, including adjacent public
sidewalks and all parking lots under the control of the licensee,
shall be illuminated during all hours of darkness during which the
premises are open for business in a manner so that persons standing
in those areas at night are identifiable by law enforcement
personnel.  However, the required illumination shall be placed so as
to minimize interference with the quiet enjoyment of nearby residents
of their property.
   (5) Litter shall be removed daily from the premises, including
adjacent public sidewalks and all parking lots under the control of
the licensee.  These areas shall be swept or cleaned, either
mechanically or manually, on a weekly basis to control debris.
   (6) Graffiti shall be removed from the premises and all parking
lots under the control of the licensee within 72 hours of
application.  If the graffiti occurs on a Friday or weekend day, or
on a holiday, the licensee shall remove the graffiti 72 hours
following the beginning of the next weekday.
   (7) No more than 33 percent of the square footage of the windows
and clear doors of an off-sale premises shall bear advertising or
signs of any sort, and all advertising and signage shall be placed
and maintained in a manner that ensures that law enforcement
personnel have a clear and unobstructed view of the interior of the
premises, including the area in which the cash registers are
maintained, from the exterior public sidewalk or entrance to the
premises.  However, this latter requirement shall not apply to
premises where there are no windows, or where existing windows are
located at a height that precludes a view of the interior of the
premises to a person standing outside the premises.
   (8) Upon request of the local law enforcement agency in whose
jurisdiction the licensed premises are located or at the discretion
of the department, each public telephone located on off-sale premises
(or located in an adjacent area under the control of the off-sale
licensee) shall be equipped with devices or mechanisms that prevent
persons from calling into that public telephone.
   (9) Every licensed retailer who sells or rents video recordings of
harmful matter, as defined by Section 313 of the Penal Code, shall
create an area within his or her business establishment for the
placement of video recordings of harmful matter and for any material
that advertises the sale or rental of these video recordings.  This
area shall be labeled "adults only." The licensed retailer shall make
reasonable efforts to arrange the video recordings in this area in
such a way that minors may not readily access the video recordings or
view the video box covers.  The failure to create and label the
"adults only" area is an infraction punishable by a fine of not more
than one hundred dollars ($100).  The failure to place a video
recording or advertisement, regardless of its content, in this area
shall not constitute an infraction.
   (10) A copy of the applicable operating standards shall be
available during normal business hours for viewing by the general
public.
  SEC. 3.  Section 25658 of the Business and Professions Code is
amended to read:
   25658.  (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.
   (b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.
   (c) Any person who violates subdivision (a) by purchasing an
alcoholic beverage for a person under the age of 21 years and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
   (d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
   (e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of fine
and community service as determined by the court.  A second or
subsequent violation of subdivision (b) shall be punished by a fine
of not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed and is
not attending school, or a combination of fine and community service
as determined by the court.  It is the intent of the Legislature
that the community service requirements prescribed in this section
require service at an alcohol or drug treatment program or facility
or at a county coroner's office, if available, in the area where the
violation occurred or where the person resides.
   (2) Any person who violates subdivision (a) by furnishing an
alcoholic beverage, or causing an alcoholic beverage to be furnished,
to a minor shall be punished by a fine of one thousand dollars
($1,000), no part of which shall be suspended, and the person shall
be required to perform not less than 24 hours of community service
during hours when the person is not employed and is not attending
school.
   (3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
   (f) Persons under the age of 21 years may be used by peace
officers in the enforcement of this section to apprehend licensees,
or employees or agents of licensees, who sell alcoholic beverages to
minors.  Notwithstanding subdivision (b), any person under the age of
21 years who purchases or attempts to purchase any alcoholic
beverage while under the direction of a peace officer is immune from
prosecution for that purchase or attempt to purchase an alcoholic
beverage.  Guidelines with respect to the use of persons under the
age of 21 years as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under the
age of 21 years.  This subdivision shall not be construed to prevent
the department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines.  After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program.  When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given within 72 hours of the issuance of the citation.  A
law enforcement agency may comply with this requirement by leaving a
written notice at the licensed premises addressed to the licensee, or
by mailing a notice addressed to the licensee.
  SEC. 4.  Section 25658.5 of the Business and Professions Code is
amended to read:
   25658.5.  Any person under the age of 21 years who attempts to
purchase any alcoholic beverage from a licensee, or the licensee's
agent or employee, is guilty of an infraction and shall be punished
by a fine of not more than one hundred dollars ($100), or the person
shall be required to perform not less than 24 hours or more than 32
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as determined by the court.  A second or subsequent
violation of this section shall be punished by a fine of not more
than two hundred fifty dollars ($250), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service,
as the court deems just.  It is the intent of the Legislature that
the community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides.
  SEC. 5.  Section 25661 of the Business and Professions Code is
amended to read:
   25661.  Any person under the age of 21 years who presents or
offers to any licensee, his or her agent or employee, any written,
printed, or photostatic evidence of age and identity which is false,
fraudulent or not actually his or her own for the purpose of
ordering, purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic beverage, or
who has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is guilty of a
misdemeanor and shall be punished by a fine of at least two hundred
fifty dollars ($250), no part of which shall be suspended; or the
person shall be required to perform not less than 24 hours nor more
than 32 hours of community service during hours when the person is
not employed and is not attending school, or a combination of fine
and community service as determined by the court.  A second or
subsequent violation of this section shall be punished by a fine of
not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service,
as the court deems just.  It is the intent of the Legislature that
the community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides.
  SEC. 6.  Section 25662 of the Business and Professions Code is
amended to read:
   25662.  (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school.  A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just.  It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.  This
section does not apply to possession by a person under the age of 21
years making a delivery of an alcoholic beverage in pursuance of the
order of his or her parent, responsible adult relative, or any other
adult designated by the parent or legal guardian, or in pursuance of
his or her employment.  That person shall have a complete defense if
he or she was following, in a timely manner, the reasonable
instructions of his or her parent, legal guardian, responsible adult
relative, or adult designee relating to disposition of the alcoholic
beverage.
   (b) Unless otherwise provided by law, where a peace officer has
lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under the age of 21 years at social gatherings,
when those gatherings are open to the public, 10 or more persons
under the age of 21 years are participating, persons under the age of
21 years are consuming alcoholic beverages, and there is no
supervision of the social gathering by a parent or guardian of one or
more of the participants.
   Where a peace officer has seized alcoholic beverages pursuant to
this subdivision, the officer may destroy any alcoholic beverage
contained in an opened container and in the possession of, or
provided to, a person under the age of 21 years, and, with respect to
alcoholic beverages in unopened containers, the officer shall
impound those beverages for a period not to exceed seven working days
pending a request for the release of those beverages by a person 21
years of age or older who is the lawful owner or resident of the
property upon which the alcoholic beverages were seized.  If no one
requests release of the seized alcoholic beverages within that
period, those beverages may be destroyed.
  SEC. 7.  Section 11474 of the Health and Safety Code is amended to
read:
   11474.  A court order for the destruction of controlled
substances, instruments, or paraphernalia pursuant to the provisions
of Section 11473 or 11473.5 may be carried out by a police or sheriff'
s department, the Department of Justice, the Department of the
California Highway Patrol, or the Department of Alcoholic Beverage
Control.  The court order shall specify the agency responsible for
the destruction.  Controlled substances, instruments, or
paraphernalia not in the possession of the designated agency at the
time the order of the court is issued shall be delivered to the
designated agency for destruction in compliance with the order.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
